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This bill would require abortion providers to give patients a consent form after an abortion that explains what can be done with fetal remains. The patient could take the remains and arrange burial or cremation, or let the provider handle them. If the provider receives the remains, the bill would require final burial or cremation within 7 days, following state rules for human remains. It would also require providers to keep signed records and report abortion and disposal information to the federal government each year.
- Patients would have two choices: take the fetal tissue themselves for burial or cremation, or release it to the abortion provider.
- Providers who receive the remains would have to arrange burial or cremation within 7 days, and they could combine remains from more than one procedure for disposal.
- Providers would have to keep a signed consent form in the patient’s file. Failing to keep that record could lead to a civil penalty of up to $50,000.
- Failing to properly dispose of the remains could lead to criminal penalties, including a fine, up to 5 years in prison, or both. The bill would also require annual reporting to federal officials and would not stop states from having stricter rules.
Official Summaries
Dignity for Aborted Children Act
This bill establishes requirements for abortion providers with respect to the disposal of human fetal tissue from an abortion.
Specifically, it requires abortion providers to obtain a patient's informed consent for one of two specified methods of disposition and to retain the corresponding documentation in the patient's file.
First, patients may choose to retain possession of the tissue. A patient may choose to transfer the tissue to an entity that provides interment or cremation services.
Second, patients may choose to release the tissue to the provider. Providers must ensure any tissue released to them is interred or cremated within seven days of the procedure in a manner consistent with state law regarding the disposal of human remains.
Abortion providers must submit reports annually to the Department of Health and Human Services about these requirements and other specified information.
The bill establishes civil penalties for violations of the requirement to retain documentation of informed consent, and it establishes criminal penalties for violations of the requirement regarding the disposal of human fetal tissue.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 798 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 798
To protect the dignity of fetal remains, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2025
Mrs. Miller of Illinois (for herself, Mr. Babin, Mr. Moore of Alabama,
Mr. Moore of West Virginia, Mr. Ogles, Mr. Webster of Florida, Mr.
Harris of Maryland, and Mr. Weber of Texas) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To protect the dignity of fetal remains, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dignity for Aborted Children Act''.
SEC. 2. CONSTITUTIONAL AUTHORITY.
Congress enacts the following pursuant to Congress' power under--
(1) the Interstate Commerce Clause of section 8 of article
I of the Constitution;
(2) section 5 of the 14th Amendment to the Constitution of
the United States, including the power to enforce the
prohibition on government action denying equal protection of
the laws; and
(3) section 8 of article I of the Constitution of the
United States to make all laws necessary and proper for the
carrying into execution of powers vested by the Constitution in
the Government of the United States.
SEC. 3. PROTECTION OF FETAL REMAINS.
(a) In General.--Part H of title IV of the Public Health Service
Act (42 U.S.C. 289 et seq.) is amended by adding at the end the
following:
``SEC. 498F. PROTECTION OF FETAL REMAINS.
``(a) Consent Requirement.--
``(1) In general.--Any abortion provider, after performing
an abortion, shall provide the patient with an informed consent
form, offering the patient the following options for disposal
of the human fetal tissue from the abortion:
``(A) The patient may take possession of the human
fetal tissue and may choose to transfer the tissue to
an entity providing interment or cremation services.
``(B) The patient may elect to release the human
fetal tissue to the abortion provider, who shall be
subject to the requirements of subsection (b).
``(2) Consent requirements.--An abortion provider described
in paragraph (1) shall--
``(A) obtain a patient signature on each consent
form required under paragraph (1); and
``(B) retain each such form in the patient's file.
``(b) Provider Disposal Requirement.--It shall be unlawful for any
abortion provider who, after performing an abortion in which the woman
on whom the abortion was performed elects, pursuant to subsection
(a)(1)(B), to release the human fetal tissue to the abortion provider,
to fail to provide for the final disposition of the human fetal tissue
through interment or cremation, consistent with State law regarding the
disposal of human remains, not later than 7 days after the date on
which the abortion procedure was performed. Such final disposition of
human fetal tissue may be carried out through interment or cremation of
tissue from more than one abortion procedure collectively.
``(c) Penalties.--
``(1) Informed consent violations.--An abortion provider
who fails to maintain the documentation required under
subsection (a)(2)(B) shall be subject to civil monetary
penalties in an amount not to exceed $50,000.
``(2) Disposal violations.--Any abortion provider who
violates subsection (b) shall be fined in accordance with title
18, United States Code, imprisoned not more than 5 years, or
both.
``(3) Bar to prosecution.--A patient upon whom an abortion
in violation of subsection (b) is performed or attempted may
not be prosecuted under, or for a conspiracy to violate,
paragraph (1), or for an offense under section 2, 3, or 4 of
title 18, United States Code, based on such a violation.
``(d) Reporting.--Each abortion provider described in subsection
(a)(1) shall submit annual reports to the Secretary indicating, with
respect to the reporting period--
``(1) the aggregate number of abortion procedures performed
by such abortion provider;
``(2) the gestational age at the time of each such
procedure; and
``(3) for abortions carried out using an abortion method
other than chemical abortion, the aggregate number of fetal
remains transferred for interment or cremation and the number
released to patients.
``(e) Annual Reports by the Secretary.--The Secretary shall submit
to Congress an annual report on the number of abortions by State,
procedure type, and method of disposal of human fetal tissue.
``(f) Non-Preemption.--Nothing in this section shall preempt any
State requirement that, at a minimum, requires interment or cremation
in the same manner that other human remains are required to be treated
in such State.
``(g) Definitions.--In this section--
``(1) the term `abortion' means the use or prescription of
any instrument, medicine, drug, or any other substance or
device--
``(A) to intentionally kill the unborn child of a
woman known to be pregnant; or
``(B) to intentionally terminate the pregnancy of a
woman known to be pregnant, with an intention other
than--
``(i) after viability to produce a live
birth and preserve the life and health of the
child born alive; or
``(ii) to remove a dead unborn child;
``(2) the term `abortion provider' means an individual or
entity that performs abortions; and
``(3) the term `human fetal tissue' has the meaning given
the term in section 498A(g).''.
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